1. On 18-03-2010, respondent has issued a notice U/S 7(3) of J&K COBO Act, 1988, directing the appellant to demolish the unauthorized construction of shop at first floor situated at talab tillo within a period of five days from the date of the service of the notice. 2. Appellant has challenged this notice of respondent in appeal before this Tribunal on 05-05-2010 on the grounds mentioned in the memo of the appeal. Notice of this appeal was given to the respondent. Respondent has filed objections and in the objections, it has been stated that the appellant has constructed one shop on first floor over the existing ground floor without seeking any permission from JMC and covered 100% of the area on First Floor. The total plot area is 188 sft and the appellant has to cover 80% of the plot area i.e. 150 sft each at ground floor and first floor as per the Master Plan but the appellant has not sought any permission from JMC and made 100% violation. The appellant has made projection of 56 sft over the public lane which is in 100% violation of the Master plan and has violated the provisions of the J&K COBO Act, 1988 and J&K COBO Regulations 1998 and prescribed bye laws and Master Plan. In para-04 of the report respondent has worked out the unauthorized construction. Para-04 of the report is reproduced hereunder:- 3. That the built up area raised unauthorizedly has been worked out as under:- Total plot area = 188 sft Coverage = 80% as per JMC Ground floor area Covered existing = 188 sft First Floor area (New) = 188 sft Projection = 56 sft Total area covered in violation = 188 sft + 56 sft = 244 sft 4. Today the appeal was taken up for final hearing Counsel appearing for appellant has frankly admitted that the entire construction is without permission and has lastly prayed for composition of the violation of 244 sft. 5. On the other hand Mr. N.P. Kotwal Advocate appearing for respondents has prayed for dismissal of the appeal on the ground that the construction raised by the appellant is without permission of the JMC and in contravention of the provision of the Act and Master Plan and the violation committed by the appellant cannot be compounded as entire construction is unauthorized. 6. N.P. Kotwal Advocate appearing for respondents has prayed for dismissal of the appeal on the ground that the construction raised by the appellant is without permission of the JMC and in contravention of the provision of the Act and Master Plan and the violation committed by the appellant cannot be compounded as entire construction is unauthorized. 6. I have heard counsel for the parties and perused the record produced by the respondent. Counsel appearing for appellant has admitted that the entire construction is without permission and it has been raised for commercial purpose. Now the question is whether prayer for composition should be granted or it should be rejected. 7. Ownership of property i.e. one room at ground, which later on converted into shop, has been proved by appellant by placing on record sale deed executed in favour of his late father. So there existed a shop already at ground floor, over which another shop has been constructed by appellant now. Authority remained mum till construction reached at final stage. Had authority so honest and prompt, construction would have been stopped at initial stage. Photogrphes produced by appellant reveals that, towards both sides there are shops in the vicinity. 8. Since the construction has reached the final stage and it has been raised for commercial purpose. So disallowing the appeal at this stage will deprive the appellant and his family from livelihood and will also put the appellant to irreparable loss and injury as he has spent money on the construction of one shop to earn his bread and butter. The other option is with the court to allow the appeal of the appellant and compound the violation and direct the appellant to deposit the compounding fee at the commercial rate. 9. According appeal of the appellant is allowed and the violation committed by the appellant is compounded and the appellant is directed to pay Rs 70/- per sft as compounding fees for the violation of 244 sft with the respondent within a period of two months from today. After deposit of fees, the construction shall be deemed to be regularized. 10. The file of this court be consigned to record after due completion